CHAMPA VERMA Vs. STATE OF H.P.

JUDGEMENT

(1.) This petition under Section 397 read with Section 401 and 482 of the Code of Criminal Procedure is directed against the orders of the learned Additional Chief Judicial Magistrate, Shimla, whereby a charge for offences punishable under Sections 498 -A, 342, 506 read with Sections 34 and 109.of the Indian Penal Code was directed to be framed against the petitioner.

(2.) In order to appreciate the controversy, few facts may be noticed:

(3.) Complainant Seema Sood was married to Ajay Sood on 23rd June, 1991. She lodged a complaint with Police Station, East Shimla, on 12th September, 2001 saying that immediately after the marriage, her husband started maltreating her as he was involved with the petitioner who works in the office of the Himachal Pradesh State Electricity Board at Kasumpti. According to her, because of the affairs of her husband with the petitioner, she was harassed by her husband who also gave her beatings. On 11th September, 2001 her husband locked her in a room along with her son and went away saying that he would come back soon, but the husband did not turn up, so she lodged a report with Police Chowki through some boy to the effect that she and her son have been locked in the room. The husband came back in the morning and she was taken out from the room by the police. On the basis of this complaint a case for offences punishable under Sections 498 -A, 342, 506 read with Sections 34 and 109 of the Indian Penal Code was registered against the husband and the present petitioner.